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**U.S. Department of Justice*Civil Rights Division***

**The Right     to Vote**How Federal Law Protects You

***Issued September 2000***

**What federal   law protects me from discrimination in voting?**

The Voting Rights Act of 1965     protects every American against racial discrimination in voting. This law     also protects the voting rights of many people who have limited English skills.     The Act stands for the principle that everyone's vote is equal, and that neither     race nor language should shut any of us out of the political process. You     can find the Voting Rights Act in the United States Code at 42 U.S.C. 1973     to 1973aa-6. You can find information about the Voting Rights Act at our website:     http://www.usdoj.gov/crt/voting.

**How does   the Voting Rights Act work against discrimination?**

Section 2 of the Act makes it     illegal for any state or local government to use election processes or procedures     that give voters who are members of racial or ethnic minority groups less     opportunity than other voters to participate in the political process and     elect representatives of their choice to public office. Suits can be brought     under Section 2 by either the Justice Department or a private citizen.

**What is   Section 5 of the Voting Rights Act?**

Section 5 of the Act requires     certain state and local governments to get federal approval (known as "preclearance")     prior to implementing any changes to their voting procedures -- anything from     moving a polling place to changing district lines in the county. 

Under Section 5, a covered state,     county or local government entity must demonstrate to federal authorities     that the voting change in question does not have the purpose or effect of     making minority voters worse off than they were prior to the change (i.e.,     that the change will not be "retrogressive"). 

Section 5 applies to all or parts     of the following states:
AlabamaMississippiAlaskaNew HampshireArizonaNew YorkCaliforniaNorth CarolinaFloridaSouth CarolinaGeorgia South DakotaLouisianaTexasMichiganVirginia
The detailed list of "covered     jurisdictions" is printed in the Code of Federal Regulations at the end of     28 C.F.R. Part 51. These are the Justice Department's Section 5 guidelines,     which explain how the Section 5 review process works and help jurisdictions     with terminology, deadlines and many other matters. 

**What is   the Justice Department's role under Section 5?**

Under Section 5, covered jurisdictions     cannot enforce voting changes until they obtain approval ("preclearance")     either from the federal district court in Washington, D.C. or from the U.S.     Attorney General. If the jurisdiction chooses to obtain preclearance from     the Attorney General, she has 60 days after receiving all the necessary information     to decide whether to preclear the proposed change.

**Is the   Attorney General's determination the end of the process?**

Not always. If the Attorney General     objects to a submitted change (thus blocking its implementation) the jurisdiction     can still file a declaratory judgment action with the federal district court     in D.C. requesting approval for the change.

Also, if the Attorney General     preclears the change, the Justice Department or a private party can still     go to court to challenge the change under Section 2 of the Voting Rights Act     as a racially discriminatory voting procedure. 

**What must   a covered jurisdiction do to comply with the law?**

To learn what the Voting Rights     Act requires of your jurisdiction, the best place to start is the Justice     Department's Section 5 guidelines, 28 C.F.R. 51.01 to 51.67. The guidelines     explain what should be in a submission, who should make the submission and     when it should be made, how long the Department's review will take, what happens     if the Attorney General objects to a change, and many other details you will     want to know. You can find the guidelines in any copy of the Code of Federal     Regulations, or you can request a copy from the Voting Section at the toll-free     number. 

**Can individuals   have their views considered in the Section 5 review process?**

Yes. Anyone can write to the Attorney     General or call the Voting Section with a comment for or against preclearance     while the submission is pending. You don't need a lawyer or any special qualifications.     

Each week, the Civil Rights Division     posts notices on its website indicating the voting changes that have been     submitted under Section 5. These notices may also be requested from the Voting     Section at the address listed below. 

**Does the   Voting Rights Act protect language minorities?**

Yes. Section 203 of the Act makes     it illegal to discriminate in voting based on someone's membership in a language     minority group (such as Spanish-speaking). Suits under Section 203 can be     brought either by the Justice Department or by a private citizen.

The Voting Rights Act further     protects minority language group members by requiring particular jurisdictions     to print ballots and other election materials in the minority language as     well as in English, and to have oral translation help available at the polls     where the need exists. The list of jurisdictions covered by the Act's minority     language requirements is printed in the Code of Federal Regulations at the     end of 28 C.F.R. Part 55. These are the Justice Department's minority language     guidelines; they set out the Department's interpretations of the law in detail,     and explain how jurisdictions can best comply with it. 

**What is   a federal complaints examiner?**

Federal examiners are officials     to whom complaints of voting discrimination can be made under certain circumstances.     Section 6 of the Voting Rights Act allows the U.S. Attorney General to "certify"     a county for the appointment of a federal complaint examiner to be available     during each of the county's elections, and for two days afterward, to take     complaints from any voters who claim that they have not been allowed to vote.     

People in certified counties can     contact a federal examiner by calling the U.S. Office of Personnel Management's     (OPM's) toll free number: 1-888 496-9455. You can find out whether your county     is certified by consulting 45 C.F.R., Part 801 or by calling OPM's toll-free     number.

**What are   federal observers?**

Federal observers are authorized     by Section 8 of the Voting Rights Act to attend and observe voting and vote-counting     procedures during elections. They are non-lawyers, hired and supervised by     the federal Office of Personnel Management (OPM). They are trained by OPM     and by the Justice Department to watch, listen, and take careful notes of     everything that happens inside the polling place during an election, and are     also trained not to interfere with the election in any way. They prepare reports     that may be filed in court, and they can serve as witnesses in court if the     need arises. 

**How do   I get federal observers to monitor an election?**

You can contact the Voting Section     and explain where the need exists, what needs to be observed, and which minority     voters are affected. We consider many such requests each year from organizations     and individuals. Under certain circumstances, the Attorney General can send     federal observers to any jurisdiction covered by Section 5 or by a court order.     

**Will the   Voting Rights Act expire?**

No. The Voting Rights Act is a     permanent federal law. Moreover, the equal right to vote regardless of race     or color is protected by the Fifteenth Amendment to the U.S. Constitution,     which has been part of our law since the end of the Civil War. 

However, some sections of the     Voting Rights Act need to be renewed to remain in effect. When Congress amended     and strengthened the Voting Rights Act in 1982, it extended for 25 more years--until     2007--the preclearance requirement of Section 5, the authority to use federal     examiners and observers, and some of the statute's language minority requirements.     So, for those sections to extend past 2007, Congress will have to take action.     But even if these special provisions are not renewed, the rest of the Voting     Rights Act will continue to prohibit discrimination in voting. 

**What other   voting rights laws does the Justice Department enforce?**

The *National Voter Registration     Act of 1993* (the "motor voter" law) requires states to make voter registration     opportunities available when people apply for or receive services at a variety     of government agencies, from driver's license offices to social services agencies     and public benefits offices. The law also says states must not take voters     off the rolls merely because they have not voted.

The *Uniformed and Overseas     Citizens Absentee Voting Act of 1986* requires states to make sure that     members of our armed forces who are stationed away from home, and citizens     who are living overseas, can register and vote absentee in federal elections.     

The *Voting Accessibility for     the Elderly and Handicapped Act of 1984* requires polling places across     the United States to be accessible to people with disabilities. 

Also private citizens may file     their own lawsuits under the Voting Accessibility for the Elderly and Handicapped     Act and the National Voter Registration Act. 

**What responsibilities   does the Justice Department have with regard to voter fraud or intimidation?**

The administration of elections     is chiefly a function of state government. However, federal authorities sometimes     become involved in election fraud matters when a state prosecutor asks for     federal assistance. Also, the Justice Department can become involved when     allegations arise that criminal vote fraud has occurred in a federal election.     

If you have information about     vote fraud, you should contact the nearest office of the FBI or your local     U.S. Attorney's office. If you know of vote fraud that was racially motivated,     you can contact the Voting Section. 

**Can the   Justice Department run elections to make sure they are fair?**

The Justice Department does not     administer elections; that is the responsibility of state and local election     officials. If you have a question about election practices, candidate qualifying     rules, the location of polling places, or other voting procedures in your     jurisdiction, contact your local or state election officials. If you have     information about discrimination in voting, please call or write us. 

**How can   I make a discrimination complaint under the Voting Rights Act?**

You can contact us. We encourage     anyone with a complaint about voting discrimination to let us know what the     problem is, where it is, and how it affects minority voters. There are no     special forms to use or procedures to follow--just call us toll-free at 1-800-253-3931,     or write to us at:

Chief, Voting Section    Civil Rights Division    Room 7254 - NWB    Department of Justice    950 Pennsylvania Ave., N.W.    Washington, DC  20530
The Civil Rights Division has     a homepage on the World Wide Web. Visit us at: http://www.usdoj.gov/crt/voting

Note: This brochure is available     upon request in alternate formats.

**Go to     the Civil Rights Division Home Page**Go to the Voting Section Home Page**

*Last Revised - February 4, 2003*